legal stuff

kulula.com, including kululaholidays hereinafter referred to as “(the Company”) is a division of Comair Limited, Registration Number 1967/006783/06.

2. Exclusion of Liability, Suppliers' Terms & Risk

2.1 The Company acts as an agent/broker in selling the accommodation, tours and travel arrangements featured on the Company’s website and offers, utilising the products of various suppliers.

2.2 While the Company makes every effort to engage quality suppliers among the hotels, tour operators and other service suppliers to provide the travel products featured, as a third party, it does not have direct control over the provision of services by suppliers and shall not be liable for any loss, damage, injury, additional cost, accident, delay, irregularity that may be occasioned by any error or default, act or omission of any supplier in carrying out any travel arrangement, or otherwise in connection therewith.

2.3 The Company accepts no liability for changes, omissions or delays before or during the course of any tour or other travel arrangement occasioned by technical difficulties, weather conditions, strikes, war or unrest, flooding or fire, communication breakdowns or events beyond the control of the Company. All expenses occasioned by such events, including but not limited to, unscheduled extensions or curtailment of accommodation, changes to scheduled flights, additional air fares, telephone and meal costs, or any other costs occasioned by any event beyond the control of the Company, will be for the customer’s account.

2.4 If in the opinion of the Company the fulfilment of any tour is considered impossible, illegal or inadvisable because of weather conditions, flooding or fire, unrest, strikes, war and/or any other adverse factors beyond the Company’ control, the Company may at any time cancel such tour or the remainder thereof or make alterations to the route, accommodation, price and/or any other aspect thereof as it deems fit in its sole discretion, and any losses and expenses resulting from such cancellation or alteration shall be for the account of the customer.

2.5 All bookings are subject to the terms and conditions specified by the supplier of the services. The Company will provide on confirmation of booking or request, the identity of the supplier and such supplier's terms and conditions, which may include, but are not necessarily limited to, provisions regarding the cancellation fees or amendment fees applicable to confirmed reservations, refunds/no refunds for no-shows/unused services; late booking fees; baggage allowances; confirmation of flights, etc. In the case of airlines, the general cancellation fee applicable to tickets issued, is 100%; the typical baggage allowance is 20kg; and the extension of ticket validity and/or name changes is not permitted.

2.6 Save in the event of wilful misconduct or gross negligence by the Company, neither the Company nor its holding or parent company or representatives shall be liable for any loss, injury, death or damages, arising from any tour/travel package/travel arrangement listed on the website or offerings.

2.7 The Company will not be responsible or liable for any charges that appear on a customer's credit card, nor accept responsibility for having any of these charges reversed or corrected.

2.8 The Company will not be liable to the customer/s for any indirect, consequential or special loss arising out of, or in connection with any tour/travel package/ travel arrangement/ booking with the Company howsoever caused or arising (including, without limitation, breach of contract, negligence or otherwise, any loss of profit, revenue, goodwill, reputation, anticipated savings or business).

2.9 The customer hereby indemnifies and keeps indemnified the Company, its directors, offices and employees against and from any and all liabilities, damages, losses, expenses, costs (including legal costs) demands and claims of any nature whatsoever, arising out of or in connection with or as a consequence of the bookings made by the customer for any tour/travel package/ travel arrangement.

3. Prices

3.1 Prices quoted in any offer, price insert, brochure, website, advertisement, or the like, are based on air fares (where included), hotel prices, land costs and rates of exchange as at the date captured. The Company will make every effort to ensure that prices are regularly updated, however the Company reserves the right to adjust tour prices at time of booking in accordance with increases in air fares, hotel rates, airport taxes, fuel surcharges and currency fluctuations which may become effective up to and including the day that full payment reflects in the Company’s bank account.

3.2 All information contained on the Company's website and price displays are to the best of the Company’s knowledge and belief true and correct, but the Company accepts no liability for any errors and/or omissions and/or inaccuracies contained therein.

3.3 If a price displayed contains an inadvertent and obvious error, neither the supplier nor the Company shall be bound by it. Any pricing errors displayed due to a system or supplier error, will not be honoured. The customer will be refunded immediately (if any payment has been made) and the customer will be provided an opportunity to re-book at the correct pricing.

3.4 If you choose to book via the Contact Centre or a Travel Agent, please note that additional fees and surcharges may apply.

3.5 All standard packages are based on rates valid for SA Nationals/Residents only. For holders of any other passport, it is recommended that you contact the reservations department for a quotation.

4. Reservations

4.1 An agreement will not exist between the Company and the customer until such time as the customer has read and accepted our Terms and Conditions prior to securing a booking on the website, or until the Company has received a completed and signed copy of the standard Booking Form. Please ensure that names are given exactly as shown in the passport/s, as the Company cannot be held liable for costs incurred for name changes on any documents issued. Once airline tickets have been issued, such tickets have to be cancelled and reissued. The Company will not be held liable for any costs incurred as a result of a passenger being denied boarding due to names on tickets not matching those shown in passports (or ID documents, in the case of domestic flights).

4.2 Prior to confirmation of the booking the customer shall pay the Company the total price due. In some instances, a non-refundable deposit may be required, with the balance of payment due 8 weeks prior to travel. The Company reserves the right to cancel any reservation for which full payment has not been received within the stipulated timeframes. The price of land arrangements can only be fixed once full payment is received by the Company. Air fares are subject to the prices and conditions quoted by the airlines and cannot be guaranteed by the Company until full payment has been received. The Company is only able to issue tickets once payment has cleared into the Company’s bank account and will only be issued during working hours. Copies of passports must be provided prior to the issuing of any air tickets for international or regional air tickets. Ticketing time limits are imposed by each individual airline and flights are automatically released if payment is not received timeously. Customers must abide by the time restrictions provided in order to guarantee flight availability.

4.3 Prices quoted do not include any items or services not specified in the quotation provided, or the Company's pro forma invoice. Typical items not included are: a tour leader from South Africa, airport taxes, costs of obtaining visas and passports, telephone calls, laundry, entertainment arrangements not shown in itinerary, parking, transfers, tourism levies, entrance fees, conservation levies, mini bar, meals and beverages and airfares (unless specified), or any item of a personal nature.

4.4 Documentation is only prepared once full and final payment is cleared in the Company’s bank account, and a completed booking form/acceptance of terms and conditions is received by the Company.

4.5 No extra persons will be allowed to check in at a hotel. The hotel will only permit the exact number of people indicated on the voucher, to check in. Any extra persons must pay the hotel pricing on check in.

5. Payment and Penalty Fees

5.1 The Company will accept payment for all land arrangements, by credit card or cleared EFT only, no Travel Bank will be accepted as a form of payment. Booking paid via EFT is not guaranteed until such time as the funds reflect in the Company’s bank account. Customers risk price increases or loss of availability until full payment has been received. In the event that the Company has to swipe a credit card manually, a signed and validated Credit Card Charge Form (CCCF) is the only recognised form of payment. A copy of the front & back of the card is also required. For foreign cards, additional information may be required.

5.2 The Company reserves the right to charge a booking fee and/or a handling fee for the processing of credit cards which will be included in the total tour price.

5.3 In the event of any reservation being completed less than 30 days prior to departure, the Company shall be entitled to levy a late reservation fee on top of the advertised price. The total price is due immediately on confirmation of booking and is non-refundable.

5.4 In the event of the customers cancelling their reservation for any reason, such cancellation must be made in writing and in such instances, cancellation charges will apply. Unless otherwise specified, cancellation penalties for international bookings are generally charged according to the following scale.

Cancelled within 8 weeks but outside 6 weeks prior to departure – 25% of total package price will be forfeited

Cancelled within 6 weeks but outside 4 weeks prior to departure – 50% of total package price will be forfeited

Cancelled within 4 weeks but outside 2 weeks prior to departure – 75% of total package price will be forfeited

Cancelled within 2 weeks prior to departure – 100% of total package price will be forfeited

Domestic and regional game lodges and hotels - Each establishment has its own cancellation policy. The general rule however for cancellations prior to the arrival date is:

Cancellations less than 7 to 14 days forfeit the full payment.

Cancellations 14 to 28 days forfeit 50% of the full payment.

Domestic packages other than for game lodges - cancellation penalties will be 100% of the tour package total, unless otherwise specified. Under certain circumstances, should it be acceptable to suppliers, amendments in travel dates may be permitted, provided these are made within three months of the original travel date, subject to availability.

5.5 Amendment/change fees will be charged on any changes made by a customer once a booking has been paid in full.

5.6 Administration charges will be levied on all documentation/vouchers submitted for re-issue or refund.

5.7 No refunds will be made for no-shows, or for any unused services irrespective of whether they form part of the basic inclusive tour price, or whether they are in respect of pre-booked optional arrangements.

5.8 Should parties elect to check out early from the hotel for whatever reason (eg. early departure due to family crisis, change of hotel, unhappy experience) the onus is on the customer to state his circumstances / grievances to the general manager of the hotel prior to check out. Only the general manager has the ability to provide a refund to the customer for just cause. The Company will not be held liable for the payment of any refund as a result of an early check out. This agreement for a refund must be in writing.

6. Hotels/Itineraries

6.1 Due to unforeseeable operational reasons, the Company reserves the right to substitute hotels listed with others of a similar or higher category. Extra costs may be incurred by the traveller for the change.

6.2 Confirmation of booking / voucher must be presented on check in.

6.3 Travel arrangements may be altered where necessary due to local conditions en route. While it is possible for passenger/s to break away from planned holiday itineraries after departure, it is understood that extra expenses incurred as a result of such a breakaway will be for the customer/s account, and any unused service cannot be refunded. Amendments and cancellations en route must be made with our operators/representatives in the visited destination directly. In the event that a service confirmed by the Company becomes unavailable or is changed by a supplier for whatever reason, the Company does not accept liability for such unforeseen circumstances.

6.4 Overbookings – in the event that the Company is obliged to cancel a customer’s booking due to an overbooking situation with any suppliers, the Company undertakes to contact the customer or travel agent without delay and offer an alternative of a comparable standard, or a full refund.

7. Special Requests

Any special requests must be made at the time of booking, including but not limited to specific room categories, smoking or non-smoking rooms, interleading or adjoining rooms, specific floors within a hotel, etc. The Company will endeavour to comply with the special requests, which will be for the cost of the traveller, but cannot guarantee that such requests will be honoured by the suppliers . All requests are subject to availability and ability of the supplier to comply, at time of check in with the relevant supplier. The supplier reserves the right to honour or decline any special request based on operational requirements. The Company will accept no liability in the event of non-delivery of said special requests.

8.1 All travellers will be personally responsible for ensuring that they are in the possession of the correct documentation prior to their departure.

8.2 Neither the Company nor the supplier shall be responsible for any consequences whatsoever should the traveller fail to ensure that he/she has complied with the necessary travel, health, passport, visa or re-entry permit requirements. Due to the constantly changing requirements of each country, neither the Company nor the supplier shall be responsible or liable for any information, which it or its representative may furnish to the customer in relation to the above. Generally, passports must be valid for a minimum of 6 months beyond the end of the travel period, and must have a minimum of four blank pages. Customers will be denied boarding in the event of any damage to a passport, including but not limited to missing pages, torn corners of pages, smudging or defacing of any information therein.

8.3 Should the Company be required to courier documents, any costs incurred will be for the customer’s account.

8.4 If customers intend to drive a rental car, they should obtain an international driving permit from their local AA office in South Africa prior to their travels. The customer must also be in possession of his/her local driving licence and produce this at the car rental check-in counter when traveling domestically. When driving across borders, the customer must have all the necessary legal car papers on hand.

8.5 Adults travelling with children under 18 years - as of 01 June 2015, all persons under the age of 18 years arriving, transiting or departing from South Africa are required to produce an unabridged birth certificate indicating the biological parents of the minor. In the case where only one parent is travelling with the child/ren, consent from the other parent in the form of an affidavit, is required. Alternatively, a court order granting full parental rights and responsibilities to the person travelling with the minor, or a death certificate of the other biological parent, must be produced. Airlines will be forced to refuse travel to families not in possession of these documents.

9. Insurance

9.1 It is the responsibility of the traveller to ensure that they are adequately covered in respect of travel insurance, to include cover for personal accident, medical expenses, baggage, and cancellation and curtailment.

10.General Information

10.1 The Company will not be responsible for any changes to flight times, incorrect dates of travel or incorrect accommodation selection. The customer is responsible for ensuring the correctness of the information set out in the quotation and the confirmation thereof prior to travel. Any additional cost to rectify the booking error/s will be at the customer’s expense.

10.2 Reconfirmations – Customers travelling internationally are reminded of the importance of reconfirming their onward/return flight reservations, on arrival at each destination, as failure to do so may result in cancellation of reservations by the airline.

10.3 Upgrades/Frequent Flyer Miles – Packages are constructed using discounted airfares, therefore frequent flyer upgrades and the accrual of frequent flyer miles or points are not available on any of the Company’s packaged holidays.

10.4 There may be times when suppliers offer short term “special offer” rates for tactical selling of distressed inventory, which may undercut rates offered to the Company by these suppliers for securing guaranteed advance bookings. The Company cannot be held liable for any price discrepancy that may arise between the tariffs offered for the advance booking, and any possible short term lower market rate tariff differentials that may be available to direct customers of the suppliers from time to time.

10.5 The Company shall not be bound by any representation, warranty, promise or the like not recorded herein or agreed to in writing. No representation, term, warranty or condition expressed or implied shall be considered to be or have been made or agreed or implied by reference to any other writing, advertisement or conversation.

10.6 No indulgence, which the Company may grant to any party, shall constitute a waiver of any of the rights of the Company who shall not thereby be precluded from exercising any rights against the customer and/or the traveller which may have arisen in the past or which might arise in the future.

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